Overview of New Starts and Related Provisions in MAP-21

Transcription

1 Overview f New Starts and Related Prvisins in MAP-21 Prgram Huse - HR 7, American Energy and Infrastructure Jbs Act - as reprted by Huse Transprtatin and Infrastructure Cmmittee Senate - S. 1813, Mving Ahead fr Prgress in the 21 st Century (MAP-21) - as passed by Senate Cnference Alternative Analysis Eliminated Eliminated Eliminated New Starts Bus Rapid Transit is eligible but a majrity f prject crridr must be in right f way dedicated t transit use during peak hur Prject Advancement Adpted as Lcally Preferred Alternative (LPA) Evaluatin f Prject Benefits (see belw) and rated medium r higher Authrized Supprted by an acceptable degree f financial cmmitment Secretary may make a grant if satisfied abve Prject Evaluatin Cst effectiveness f the prject. Mbility and accessibility benefits f the prject, including direct intermdal cnnectivity Degree f cngestin relief Bus Rapid Transit Prject means a single rute bus capital prject if a majrity f the prject perates in a separate right-f-way dedicated fr public transit use during peak perids; r a substantial prtin f the prject perates in a separated right-fway that is semi-dedicated fr public transprtatin use during peak perids and includes ther physical elements that reduce public transprtatin vehicle travel time and increase system reliability; that represents a substantial investment in a single rute in a defined crridr r subarea; and that includes features that emulate the services prvided by rail fixed guideway public transit systems, including defined statins traffic signal pririty fr public transprtatin vehicles; shrt headway bidirectinal services fr a substantial part f Crridr-Based Bus Prject - means a small start prject utilizing buses in which the prject represents a substantial investment in a defined crridr as demnstrated by features that emulate the services prvided by a fixed guideway public transprtatin systems, including defined statins; traffic system pririty fr public transprtatin vehicles; shrt headway bidirectinal services fr a substantial part f weekdays and weekend days; and any ther features the Secretary may determine supprt a lng-term crridr investment, but the majrity f which des nt perate in a separated right-fway dedicated fr public transprtatin use during peak perids. Fixed Guideway Bus Rapid Transit Prject - means a bus capital prject - in which the majrity f the prject perates in a separated right-f-way dedicated fr public transprtatin use during peak perids; represents a substantial investment in a single rute in a defined crridr r subarea; and

2 anticipated Reductins in energy cnsumptin and air pllutin assciated with the prject The ecnmic develpment effects Use f cst-effective prject delivery, management r transfer f prject risks, expedited prject schedule, financial partnering, and ther public-private strategies weekdays and weekend days; and, ther features necessary t prduce prject that emulates services prvided by rail fixed guideway systems Prject advancement Prject Develpment (PD) submit letter t FTA requesting entry and initiate NEPA FTA has 45 days t respnd Cmplete NEPA Generate infrmatin s that FTA can make a determinatin f prject justificatin Tw years t cmplete PD unless request extensin that includes features that emulate the services prvided by a rail fixed guideway public transprtatin system including - defined statins; traffic signal pririty fr public transprtatin vehicles shrt headway bidirectinal services fr a substantial part f weekday and weekend days; and, any ther features the Secretary may determine are necessary t prduce high-quality public transprtatin services that emulate rail fixed guideway public transprtatin systems Engineering Cmplete NEPA, adpt LPA, adpt prject in transprtatin plan, satisfy justificatin criteria, acceptable degree f financial cmmitment Prject Evaluatin Justified based n a cmprehensive review f the prject's mbility imprvements, envirnmental benefits, and cst-effectiveness, as measured by cst per rider Supprted by plicies and land patterns that prmte public transprtatin, including plans fr future land use and rezning, and ecnmic develpment arund public transprtatin statins Supprted by an acceptable degree f lcal financial cmmitment (including evidence f stable and dependable financing surces) Entrance int Prject Develpment Phase - shall enter int the prject develpment phase when - Applicant submits a letter t Secretary describing the prject and requesting entry; and initiates activities under the Natinal Envirnmental Plicy Act Secretary respnds in writing within 45 days whether infrmatin prvided is sufficient t enter int Prject Develpment phase, including, when necessary, a detailed descriptin f any infrmatin deemed insufficient; and prvides cncurrent ntice t Senate Banking and Huse Transprtatin and Infrastructure Cmmittees f whether the new fixed guideway capital prject is entering int he prject develpment 2

3 phase Activities During Prject Develpment - cncurrent with NEPA, each applicant shall develp sufficient infrmatin fr the Secretary t make findings f prject justificatin, plicies and land use patterns that prmte public transprtatin, and lcal financial cmmitment under this subsectin. Cmpletin f Prject Develpment - prject applicant cmpletes activities required t btain a prject rating and submit cmpleted dcumentatin t the Secretary. An extensin f time may be granted if applicant submits a reasnable plan fr cmpleting the activities and an estimated time within which the applicant will cmplete such activities. Engineering Phase - prject may advance t the engineering phase upn cmpletin f NEPA nly if the Secretary determines that the prject - Is selected as the LPA at the cmpletin f NEPA Is adpted int the metrplitan transprtatin plan Is justified by a cmprehensive review f the prject's mbility imprvements, envirnmental imprvements, cngestin relief assciated with the prject, plicies and land use patterns f the prject that supprt public transprtatin, and cst effectiveness as measured by cst per new rider Is supprted by plicies and land use patterns that prmte public transprtatin, including plans fr 3

4 Small Starts Small Starts Prject - means a new fixed guideway prject r crridr-based bus rapid transit prjects fr which the Federal assistance prvided is less than $75 millin and the ttal estimated net capital cst is less than $250 millin future land use and rezning, and ecnmic develpment arund public transprtatin statins; and Is supprted by an acceptable degree f lcal financial cmmitment In making a determinatin that a prject is justified, the Secretary shall evaluate, analyze and cnsider the reliability f the frecasting methds used t estimate csts and utilizatin made by the recipient and cntractrs t the recipient; and ppulatin density and current public transprtatin ridership in the transprtatin crridr Small Starts Prject - means a new fixed guideway prject r crridr-based bus rapid transit prjects fr which the Federal assistance prvided is less than $75 millin and the ttal estimated net capital cst is less than $250 millin Entrance int Prject Develpment Phase - shall enter int the prject develpment phase when - Applicant submits a letter t Secretary describing the prject and requesting entry; and initiates activities under the Natinal Envirnmental Plicy Act Secretary respnds in writing within 45 days whether infrmatin prvided is sufficient t enter int Prject Develpment phase, including, when necessary, a detailed descriptin f any infrmatin deemed insufficient; and prvides cncurrent ntice t Senate Banking and Huse Transprtatin and Infrastructure 4

5 Cmmittees f whether the new fixed guideway capital prject is entering int he prject develpment phase Activities During Prject Develpment - cncurrent with NEPA, each applicant shall develp sufficient infrmatin fr the Secretary t make findings f prject justificatin, plicies and land use patterns that prmte public transprtatin, and lcal financial cmmitment under this subsectin. Selectin Criteria - Secretary may prvide Federal assistance if the Secretary determines that the prject has been adpted as the LPA at the cmpletin f NEPA, is based n the results f an analysis f benefits and is supprted by an acceptable degree f lcal financial cmmitment Evaluatin f Benefits - Secretary shall analyze, evaluate and cnsider the fllwing evaluatin criteria (as cmpared t the n actin alternative): mbility imprvements, envirnmental imprvements, cngestin relief assciated with the prject, plicies and land use patterns f the prject that supprt public transprtatin, and cst effectiveness as measured by cst per new rider Warrants Warrants Maximum extent practicable, develp and utilize t advance prjects and prvide Federal assistance May be used t advance Warrants Develp and use t maximum extent practicable fr making a prject justificatin determinatin if cst share des nt exceed $100,000,000; r 50 percent f the ttal cst f the Warrants T maximum extent practicable, develp and use t maximum extent practicable fr making a prject justificatin determinatin if cst share des nt exceed $100,000,000; r 5

6 new fixed guideway prjects under this sectin withut requiring evaluatins and ratings Such warrants shall be Based n current transit ridership, crridr characteristics, and service n existing alignments; Designed t assess distinct categries f prjects, such as prpsed new service enhancements n existing alignments, new line haul service, and new urban circulatr service; and Based n the benefits fr prpsed eligible prjects prject; Applicant requests the use f the warrants; Applicant certifies that existing public transprtatin system is a state f gd repair; and Applicants meets any ther requirements the FTA deems apprpriate Secretary shall use an expedited technical capacity review prcess fr applicants that have recently and successively cmpleted at least 1 new bus rapid transit prject, new fixed guideway capital prject, r cre capacity prject, if Applicant achieved budget, cst, and ridership utcmes fr the prject cnsistent with r better than prjectins; and Applicant demnstrates it cntinues t have the staff expertise and ther resurces necessary t implement a new prject 50 percent f the ttal cst f the prject; Applicant requests the use f the warrants; Applicant certifies that existing public transprtatin system is a state f gd repair; and Applicants meets any ther requirements the FTA deems apprpriate Secretary shall use an expedited technical capacity review prcess fr applicants that have recently and successively cmpleted at least 1 new bus rapid transit prject, new fixed guideway capital prject, r cre capacity prject, if Applicant achieved budget, cst, and ridership utcmes fr the prject cnsistent with r better than prjectins; and Applicant demnstrates it cntinues t have the staff expertise and ther resurces necessary t implement a new prject Prgram f Interrelated Prjects Means the simultaneus develpment f 2 r mre new fixed guideway capital prjects r cre capacity imprvement prjects; r 1 r mre new fixed guideway capital prjects and 1 r mre cre capacity imprvements prjects. A federally funded prject in a prgram f interrelated prjects shall advance thrugh the prject develpment prcess A federally funded prject in a prgram f interrelated prjects may advance int the engineering phase upn cmpletin f Federal funded prject in a prgram f interrelated prjects shall advance in the same manner and under the same criteria as a new start r cre capacity prject fr purpses f prject develpment. Engineering Phase - prject may advance t the engineering phase upn cmpletin f NEPA nly if the Secretary determines that the prject - Is selected as the LPA at the cmpletin f NEPA Is adpted int the metrplitan transprtatin plan 6

7 NEPA nly if prject is selected as the LPA at the cmpletin f NEPA prject is adpted int the metrplitan transprtatin plan prgram f interrelated prjects have a lgical cnnectivity t ne anther prgram f interrelated prjects, when evaluated as a whle, meet the requirements fr entry int the Engineering phase prgram f interrelated prjects is supprted by a prgram implementatin plan demnstrating the cnstructin will begin n each f the prjects in the prgram f interrelated prjects within a reasnable time frame; and The prgram f interrelated prjects is supprted by an acceptable degree f financial cmmitment. If an applicant des nt carry ut the prgram f interrelated prjects within a reasnable time, fr reasns within the cntrl f the applicant, the applicant shall repay all Federal funds prvided fr the prgram, and any reasnable interest and penalty charges the Secretary may establish Any funds received by the Gvernment frm the repayment f mnies, ther than the interest and penalty charges, shall be credited t the apprpriate accunt frm which the funds were riginally derived The prgram f interrelated prjects has a lgical cnnectivity t ne anther; The prgram when evaluated as a whle meets the requirements fr prject justificatin fr new starts r cre capacity, as applicable The prgram f interrelated prjects is supprted by a prject implementatin plan demnstrating that cnstructin will begin within a reasnable time frame; and Is supprted by an acceptable degree f lcal financial cmmitment If an applicant des nt carry ut the prgram f interrelated prjects within a reasnable time, fr reasns within the cntrl f the applicant, the applicant shall repay all Federal funds prvided fr the prgram, and any reasnable interest and penalty charges the Secretary may establish Any funds received by the Gvernment frm the repayment f mnies, ther than the interest and penalty charges, shall be credited t the apprpriate accunt frm which the funds were riginally derived Any nn-federal funds cmmitted t a prject in a prgram f interrelated prjects may be used t meet a nn- Gvernmental share requirement fr any ther prject in a prgram f interrelated prject, if the Gvernment share f the cst f each prject within the prgram f interrelated prjects des nt exceed 8 percent In making grants under this sectin, the Secretary may give pririty t prgrams 7

8 Gvernment Share f Net Capital Prject Cst Bus Rapid Transit System (Definitins sectins and applies t all prgrams) f interrelated prjects fr which the nn-gvernmental share f the cst f the prjects included in the prgram exceeds the nn-gvernmental share required. Including a prject nt financed by the Gvernment in a prgram f interrelated prjects des nt impse Gvernment requirements that wuld nt therwise apply t the prject. The Secretary may adjust the final net capital prject cst f a new fixed guideway prject r cre capacity prject t include the cst f eligible activities nt included in the riginally defined prject if the Secretary determines that the riginally defined prject has been cmpleted a cst significantly belw the riginal estimate. Majrity f each line perates in a separate right-f-way dedicated fr public transit use during peak perids; and Includes features that emulate the services prvided by rail fixed guideway public transit systems, including defined statins traffic signal pririty fr public transprtatin vehicles; shrt headway bidirectinal services fr a substantial part f weekdays and weekend days; and, ther features necessary t prduce prject that emulates services prvided by rail fixed guideway systems Majrity f each line perates in a separated right-f-way dedicated fr public transit use during peak perids; and, Includes features that emulate the services prvided by fixed guideway public transprtatin systems, including - Defined statins; Traffic signal pririty fr public transprtatin vehicles; Shrt headway bidirectinal services fr a substantial part f weekdays and weekend days, and; Any ther features Secretary may determine are necessary t prduce high quality public transprtatin that emulates rail fixed guideway public transprtatin systems 8

9 Cre Capacity N prvisin Cre Capacity Imprvement Prject is a substantial crridr-based capital investment in an existing fixed guideway system that adds capacity and functinality. Prject advancement Prject Develpment (PD) submit letter t FTA requesting entry and initiate NEPA FTA has 45 days t respnd Cmplete NEPA Generate infrmatin s that FTA can make a determinatin f prject justificatin Tw years t cmplete PD unless request extensin Engineering Cmplete NEPA, adpt LPA, adpt prject in transprtatin plan, satisfy justificatin criteria, supprted by an acceptable degree f financial cmmitment Substantial crridr-based capital investment in an existing fixed guideway system that increases the capacity f a crridr by nt less than 10 percent. The term des nt include prject elements designed t maintain a state f gd repair f the existing fixed guideway system Entrance int Prject Develpment Phase - shall enter int the prject develpment phase when - Applicant submits a letter t Secretary describing the prject and requesting entry; and initiates activities under the Natinal Envirnmental Plicy Act Secretary respnds in writing within 45 days whether infrmatin prvided is sufficient t enter int Prject Develpment phase, including, when necessary, a detailed descriptin f any infrmatin deemed insufficient; and prvides cncurrent ntice t Senate Banking and Huse Transprtatin and Infrastructure Cmmittees f whether the new fixed guideway capital prject is entering int he prject develpment phase Activities During Prject Develpment - cncurrent with NEPA, each applicant shall develp sufficient infrmatin fr the Secretary t make findings f prject justificatin and lcal financial cmmitment under this subsectin. Cmpletin f Prject Develpment - nt later than tw years after the date n 9

10 which a prject enters int prject develpment, the applicant shall cmplete the activities required t btain a prject rating. An extensin f time may be granted if applicant submits a reasnable plan fr cmpleting the activities and an estimated time within which the applicant will cmplete such activities. Engineering Phase - prject may advance t the engineering phase upn cmpletin f NEPA nly if the Secretary determines that the prject - Is selected as the LPA at the cmpletin f NEPA Is adpted int the metrplitan transprtatin plan Is in a crridr that is at r ver capacity; r prjected t be at r ver capacity within five years; justified by a cmprehensive review f the prject's mbility imprvements, envirnmental imprvements, cngestin relief assciated with the prject, plicies and land use patterns f the prject that supprt public transprtatin, and cst effectiveness as measured by cst per new rider; and Is supprted by an acceptable degree f lcal financial cmmitment In making a determinatin that a prject is justified, the Secretary shall evaluate, analyze and cnsider the reliability f the frecasting methds used t estimate csts and utilizatin made by the recipient and cntractrs t the recipient; and ppulatin density and current public transprtatin ridership in the 10

11 Pilt Prgram fr Transit-Oriented Develpment Planning transprtatin crridr Eligible prject means a new fixed guideway capital prjectr a cre capacity prject Secretary may make grants t a State r lcal gvernmental authrity t assist in financing cmprehensive planning assciated with an eligible transit prject Transit Asset N cmparable prgram Establishes a prgram t mnitr and manage public transprtatin assets that seeks t - Enhance ecnmic develpment, ridership, and ther gals during PD and engineering; Facilitate multimdal cnnectivity and accessibility; Increase access t transit hubs; Enable mixed-use develpment; Identify infrastructure needs assciated with the eligible prject; and Include private sectr participatin. Submit an applicatins that cntains, at a minimum - Identificatin f an eligible prject; Schedule and prcess fr develpment f a cmprehensive plan; Descriptin fr hw the prject and cmprehensive plan advance the metrplitan transprtatin pan f the MPO; and Identificatin f Partners; Availability f funding; and Ptential State, lcal r ther impediments in the implementatin f the cmprehensive plan. Establishes a prgram t mnitr and manage public transprtatin capital 11

12 Management Grant recipients are required t establish and use an asset management system t develp capital asset inventries and cnditin assessments, and reprt n the cnditin f their system as a whle, including a descriptin f the change in verall cnditin since prir reprt assets, including rlling stck, infrastructure, and facilities fr the use in public transprtatin wned r leased by a recipient r subrecipient Secretary shall establish and implement a natinal transit asset management system which shall include a definitin f state f gd repair that includes bjective standards fr measuring the cnditin f capital assets, including equipment, rlling stck, infrastructure and facilities; a requirement that recipients and subrecipients develp a transit asset management plan; a requirement that each designated grant recipient reprt n the cnditin f their system and prvide a descriptin f any change in cnditin since the last reprt; an analytical prcess r decisin supprt tl fr use by public transprtatin systems that allws fr the estimatin r capital investment needs f such systems ver time; and assist with asset investment priritizatin required t establish and use an asset management system t develp capital asset inventries and cnditin assessments, and reprt n the cnditin f their system as a whle, including a descriptin f the change in verall cnditin since prir reprt Secretary shall publish a rule develping perfrmance measures based n the state f gd repair standards and thereafter grantees wuld be required t establish 12

13 perfrmance targets Each grant recipient and subrecipient is required t submit an annual reprt regarding prgress twards meeting the targets Private Sectr Participatin Secretary directed t take actins t prmte better crdinatin between public and private sectr prviders by prviding technical assistance t grant recipients n practices and methds t best utilize private prviders Upn request f a new start prject spnsr, Secretary is directed t prvide technical assistance n alternative prject delivery methds, including best practices fr public-private partnerships (PPP), develpment f mdel PPP cntracts, and perfrming financial assessments t calculate the public and private benefits Secretary is t identify prvisins that impede greater use f PPPs, and t prcedures and appraches similar t FHWA SEP-15 initiative Secretary is required t issue rulemaking implementing these prcedures and appraches and reprt t Cngress within 4 years f enactment n the status f the prcedures and appraches Cmptrller General is t submit a cmprehensive reprt t Cngress within 1 year f enactment n cntracting ut Secretary directed t take actins t prmte better crdinatin between public and private sectr prviders by prviding technical assistance t grant recipients n practices and methds t best utilize private prvider; and educate recipients f Federal transit grant assistance n laws and regulatins that impact private prviders f public transprtatin Upn request by a prject spnsr f a new fixed guideway prjects, the Secretary shall - Identify best practices fr publicprivate partnerships mdels in the U.S. and ther cuntries Develp standard public-private partnership transactin mdels; and Perfrm financial assessments that include the calculatin f public and private benefits f a prpsed public-private partnership transactin Secretary is t identify prvisins that impede greater use f PPPs, and t prcedures and appraches similar t FHWA SEP-15 initiative Secretary shall develp guidance t prmte greater transparency and public access t public-private partnership agreements including - Any cnflict f interest invlving any party invlved in the public- 13

14 public transprtatin peratins and administrative functins n cst, availability and level f service, efficiency and quality f service Secretary is required t publish guidance within 1 year f enactment that describes fr Federal transit recipients the best way t dcument cmpliance with the requirements regarding private enterprise participatin private partnership; Tax and financing aspects related t public-private partnerships; Changes in the wrkfrce and wages, benefits, r rules as a result f the public-private partnership; Estimates f the revenue r savings the public-private partnership will prduce fr the private entity and public entity; Any impacts n ther develpments and transprtatin mdes as a result f nn-cmpete clauses cntained in public-private partnerships agreements; and Any ther issues the Secretary believes will increase transparency f public-private partnerships. In develping and implementing guidance, the Secretary shall encurage prject spnsrs t cnduct assessments t determine whether use f publicprivate partnership represents a better public and financial benefit than a similar transactin using public funding r public prject delivery. Secretary shall issue rulemaking within ne year f enactment t carry ut the prcedures and appraches develped abve. Cmptrller General is t submit a cmprehensive reprt t Cngress within 1 year f enactment n cntracting ut public transprtatin peratins and administrative functins cnsidering a range f issues Pilt Prgram fr Expedited Prject A new fixed guideway prject r cre capacity prject that has nt yet entered 14

15 Delivery int a FFGA is eligible Secretary shall establish a pilt prgram t demnstrate whether innvative prject develpment and delivery methds r innvative finance arrangements can expedite prject delivery fr certain meritrius prjects Secretary shall select three eligible prjects t participate f which at least ne shall be an eligible requesting mre than $100 millin and at least ne shall be an eligible prject seeking less than $100 millin. Gvernment share is limited t 50 percent f the ttal prject cst. A recipient that desire t participate shall submit a an applicatins that cntains, at a minimum, the identificatin f the prject, a schedule and finance plan, an analysis f the efficiencies f the prpsed prject develpment and delivery methds r innvative financing arrangements; and a certificatin that the existing system is in a state f gd repair Prject must have cmpleted NEPA and have the legal, technical and financial capacity t carry ut the prject. 15